Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Referring to its observation under the Convention, the Committee requests the Government to provide, in its next report, information on the following points:

I. Tanzania mainland

For a number of years, the Committee has been referring to the following provisions under which forced or compulsory labour may be imposed under circumstances falling within Article 1(a), (b), (c) and (d) of the Convention.

Article 1(a). 1. Under section 25 of the Newspaper Act, 1976, the President may, if he considers it necessary in the public interest or in the interest of peace and order, prohibit the further publication of any newspaper; printing, publishing, selling or distribution of such newspaper being punishable by imprisonment (involving an obligation to perform labour). Under sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance, administrative authorities enjoy discretionary powers to refuse or cancel the registration of societies; participation in an unregistered society being punishable by imprisonment.

The Committee previously noted the Government’s indications in its 2001 and 2002 reports that, following the establishment of multipartism, there had been a process of political reform in the United Republic of Tanzania, with the result that contrary views of individuals are not punished, except those which fall under accepted exceptions to the Convention. As regards the Societies Ordinance, the Government confirmed its earlier statement that it had ceased to apply to political parties, which are now dealt with under the Political Parties Act, 1992.

In its latest report, the Government states that the Newspaper Act and the Societies Ordinance are being addressed by the task force of the current Tanzanian Labour Policy and Legislation Reform, which will make appropriate recommendations to the Government.

The Committee reiterates its hope that the necessary measures will be taken in the near future in order to bring the abovementioned provisions into conformity with the Convention and the indicated practice. It also hopes that the Government will describe in detail the new policy regarding the formation of societies, to which reference was made in its 2002 report, and requests the Government to supply copies of relevant texts.

2. In its earlier comments, the Committee referred to paragraph 56 of the First Schedule to section 118(4) of the Local Government (District Authorities) Act, 1982, prohibiting, regulating or controlling meetings and other assemblies. Noting the Government’s indication in its latest report that the Local Government (District Authorities) Act, 1982 is being addressed by the task force of the current Tanzanian Labour Policy and Legislation Reform, which will make appropriate recommendations to the Government, the Committee expresses the hope that measures will be taken to ensure its conformity with the Convention.

Article 1(b) and (c). 3. The Committee previously noted that, under section 176(9) of the Penal Code, any person employed under lawful employment of any description who is, without lawful excuse, found engaged in a frolic of his own at a time when he is supposed to be engaged in activities connected or related to the business of his employment, may be punished with imprisonment (involving an obligation to work). Referring to the explanations provided in paragraphs 45 to 48 of its General Survey of 1979 on the abolition of forced labour, the Committee pointed out that provisions under which idle and disorderly persons may be punished for the mere fact of not engaging in socially useful work are incompatible with both the Forced Labour Convention, 1930 (No. 29), and Article 1(b) of the present Convention. Moreover, it would appear that section 176(9) of the Penal Code is primarily applicable to persons who are under lawful employment but are absent from work; the imposition of penal sanctions involving compulsory labour on such persons falls within the scope of Article 1(c) of the Convention, which prohibits the use of forced or compulsory labour as a means of labour discipline.

Having noted the Government’s repeated statements that these provisions will be re-examined in the course of the labour law reform, the Committee expresses firm hope that the necessary measures will be taken by the Government in order to repeal or amend these provisions in the course of the future revision of the Penal Code.

Article 1(c). 4. In its earlier comments the Committee referred to section 284A of the Penal Code, under which any employee of a specified authority who causes pecuniary loss to his employer or damage to his employers’ property, by any wilful act or omission, negligence or misconduct, or failure to take reasonable care or to discharge his duties in a reasonable manner, may be punished with imprisonment for up to two years. The Committee also noted that section 284A of the Penal Code had been repealed by section 63 of Act No. 13 of 1984, but that section 11 of the First Schedule to the Economic and Organized Crime Control Act, 1984 ("Economic offences") contains provisions similar to those of the repealed section 284A of the Penal Code, and the offences prescribed in this Schedule are punishable with imprisonment, which involves an obligation to work (section 59(2) of the Act).

Having noted from the Government’s latest report that the Economic and Organized Crime Control Act is listed among the laws to be addressed by the task force of the current Tanzanian Labour Policy and Legislation Reform, which will make appropriate recommendations to the Government, the Committee expresses the hope that measures will be taken to repeal or amend the abovementioned provisions in order to ensure compliance with the Convention on this point.

Article 1(c) and (d). 5. The Committee previously noted that, under sections 145(1)(b), (c) and (e) and 147 of the Merchant Shipping Act, 1967, various breaches of discipline by seamen are punishable with imprisonment (involving an obligation to perform labour). Under section 151, any seaman who deserts from a foreign ship may be forcibly returned on board ship or delivered to the master, mate or owner of the ship or his agent.

The Committee noted the Government’s indication in its 2002 report concerning the submission of proposals to amend the Merchant Shipping Act, which had been prepared by the International Maritime Organization (IMO), for consideration by the meeting of stakeholders with the participation of government bodies, shipping companies and agencies and seafarers’ unions. Referring to its observation under the Convention, the Committee again requests the Government to supply information about the outcome of that meeting and reiterates strong hope that appropriate measures will be adopted in the near future in order to repeal or amend the provisions in question so as to bring the Merchant Shipping Act into conformity with the Convention.

Article 1(d). 6. The Committee previously noted that the new section 11A(d) of the Industrial Court of Tanzania Act, 1967, as amended by Act No. 2/1993, prohibits the striking contrary to the procedure under the Act, violation of this prohibition being punishable with an imprisonment (involving an obligation to perform labour) (section 12 of the Act).

The Committee has noted the Government’s repeated indication in its reports that the above Act, which has been identified as having provisions incompatible with the Convention, is being addressed under the ongoing Labour Policy and Legislative Reform with a view to recommending the enactment of a law that would conform to the Convention. The Committee reiterates its hope that appropriate measures will be adopted in regard to the above provisions to ensure that, in accordance with the Convention, no form of forced or compulsory labour (including compulsory prison labour) may be imposed as a punishment for having participated in strikes.

II. Zanzibar

In its earlier comments, the Committee referred to certain provisions imposing penalties of imprisonment (involving an obligation to perform labour, under section 50 of the Offenders’ Education Act) in the circumstances falling within Article 1(a) and (c) of the Convention. As the Government’s report contains no reply to these comments, the Committee hopes that the next report will include full information on the following matters raised in its previous direct request:

Article 1(a). 1. Sections 37 and 38 of the Penal Decree (concerning prohibited publications) and section 41 of the Penal Decree (concerning seditious offences). The Committee noted the Government’s indication in its 2002 report that the Committee’s comments on these provisions would be taken into account in the course of the labour law reform in Zanzibar. It reiterates the hope that the Government will continue to provide information on the application in practice of the above provisions, including the number of convictions under these sections, the circumstances in which such offences were committed, and the penalties imposed.

2. Section 4(b) of the Deportation Decree (Cap. 41), concerning restriction orders in respect of persons conducting themselves so as to be dangerous to peace, good order, good government or public morals. The Government indicated in its 2002 report that the Committee’s comments on this provision would be taken into account in the course of the labour law reform. The Committee again requests the Government to provide information on measures taken or contemplated with a view to repealing section 4(b) of the Deportation Decree (Cap. 41), so as to bring legislation on this point into conformity with the Convention.

3. Sections 55 to 57 of the Penal Decree concerning unlawful societies. The Committee previously noted the Government’s indication that these sections of the Penal Decree had been repealed by the Society Decree No. 20 of 1963, which had been itself repealed by the Afro Shirazi Party Decree No. 11 of 1965, which in turn had been repealed by Decree No. 3 of 1980. It again requests the Government to provide copies of the repealing decrees.

Article 1(c). 4. Sections 110 and 110A of the Penal Decree, concerning neglect of duty by persons employed in the public service and employees of a "specified authority" who cause pecuniary loss to their employer or damage to their employer’s property, by any wilful act or omission, negligence or misconduct, or failure to take reasonable care or to discharge their duties in a reasonable manner. Referring to the explanations provided in paragraphs 110-119 of its General Survey of 1979 on the abolition of forced labour, the Committee pointed out that while the Convention does not protect persons responsible for breaches of labour discipline that are committed either in the exercise of functions which are essential to safety or in circumstances where life or health are in danger, the scope of sections 110 and 110A of the Penal Decree is wider and provides for breaches of labour discipline conducive to pecuniary losses to be punished with penalties involving compulsory labour.

The Committee noted the Government’s indication in its 2002 report that the Committee’s comments on these sections would be taken into account in the course of the labour law reform. It reiterates its hope that these provisions will be re-examined in the light of the above explanations in order to ensure compliance with the Convention.

5. Section 3 of the Zanzibar Governing Shipping Decree (Cap. 141) concerning certain disciplinary offences by seamen. The Committee previously noted the Government’s indication that there had been no convictions under this provision.  It hopes that the Government will continue to provide, in its future reports, information on any application of this provision in practice.